CHARLESTON, WV (LOOTPRESS)) — Was that a solid left turn we just saw?
After years of working for a “conservative” Republican majority on the state supreme court of Appeals, right wing advocates probably saw their hard-earned majority swept aside in one appointment.
While the history that brought the state to a 3-2 “Republican majority” took many twists and turns, conservatives were delighted to end up with Evan Jenkins, Tim Armstead and Beth Walker as their “majority.”
Actually, changes in election law eliminated candidates running on a partisan basis. But it’s safe to say 99 of every 100 lawyers in the state identified the Supremes as “conservative” after the Armstead, Walker and Jenkins threesome assumed the majority.
Even though public celebrations were subdued, conservatives across the state celebrated their “wins.” The former “Judicial Hellhole” of left wing rulings was over, they proudly proclaimed.
But Monday, Chief Justice John Hutchison altered that framework — even if on a temporary basis.
It was then that Hutchison temporarily appointed Circuit Judge Alan D. Moats to fill the vacancy Evans created. Moats has been a judge in the Nineteenth Judicial Circuit — Barbour and Taylor counties — since Jan. 1, 1997, when then-Gov. Gaston Caperton appointed him to the bench.
It’s safe to say that Barbour and Taylor counties are not the last havens of conservatism in the state. In fact, they sit on the fringe of one of the most liberal areas of West Virginia.
Suffice it to say that I haven’t analyzed Moats’ judicial record but it’s safe to say he’s no Clarence Thomas.
Moats is popular enough with North Central voters. He was subsequently elected in 2000 and re-elected in 2008 and 2016.
Although temporary, voters may want to keep their eyes on the permanent appointment.
If not a solid conservative, those who worked hundreds of hours for a conservative majority have a right to complain. One day of progressive domination could be a legal disaster. A lot of hard work would be washed down the drain.
Moats will serve on the Supreme Court until Gov. Justice appoints someone to fill the seat. That could be swift or slow, as we’ve seen with this Governor.
Moats said the right things on being appointed. “It’s a tremendous honor to be appointed to the court to fulfill this temporary assignment. I have the utmost respect for all of our justices and look forward to working with each of them,” the Circuit Judge said.
Moats is the chair of the Mass Litigation Panel, chair of the Judicial Investigation Commission, a past president of the West Virginia Judicial Association, an advisory member of the West Virginia Courthouse Facilities Improvement Authority, and a former state delegate to the National Conference of State Trial Judges.
He was born and raised in Grafton. He received a 1974 bachelor’s degree in English from West Virginia University and a 1977 law degree from West Virginia University College of Law.
Moats was the assistant prosecutor in Taylor County from 1977 to 1984 and was then elected Taylor County prosecutor from 1985 to 1996.
He maintained a private law practice from 1977 to 1996. He and his wife, Connie, have a son and a daughter.
Jenkins did not disclose his future plans when he resigned.